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Conscription Act (1438/2007) Ministry of Defence This Act Enters Into Force 1 January 2008

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Conscription Act (1438/2007) Ministry of Defence This Act Enters Into Force 1 January 2008 Unofficial translation © Ministry of Defence 1.9.2008 Conscription Act (1438/2007) Ministry of Defence This Act enters into force 1 January 2008 Conscription Act (1438/2007) Chapter 1 – General provisions Section 1 – Area of application This Act provides for the fulfilment of the national defence obligation by persons li- able for military service in the Defence Forces of Finland. This Act also provides for: 1) participation of persons liable for military service in executive assis- tance and rescue operations and any other statutory duties of the Defence Forces; 2) the handling and registration of personal information of persons who are not liable for military service but who would be assigned to specific duties in exceptional circumstances. Section 2 – Military service Every male Finnish citizen is liable for military service starting from the beginning of the year in which he turns 18 years old until the end of the year in which he turns 60, unless otherwise provided for herein. Fulfilment of military service includes service as a conscript, participation in reservist training, extra service, and service during mobilization, in addition to participation in call-ups and examinations assessing fitness for military service. Persons liable for military service are in active military service, in the reserves or in the auxiliary reserves. The legal rights of a person liable for military service may not, pursuant to this Act, be limited beyond what is necessary for his performing of military service, the mainte- nance of military order and measures that are necessary to ensure the safety of the per- sons liable for military service and other persons. 2 Section 3 – Other legal and international obligations The performing of military service with the Border Patrol is provided for in the Act on the Administration of the Border Patrol (577/2005) and the Border Patrol Act (578/2005). Exemption from military service due to ethical conviction is provided for in the Un- armed Service Act (1446/2007) and the Act on the exemption of Jehovah’s witnesses from military service under certain conditions (645/1985). Unarmed service in lieu of military service for residents of the Åland islands is pro- vided for in chapter 12 in the Act on the Autonomy of Åland (1144/1991). The provisions of international treaties binding upon Finland regarding military ser- vice shall also apply. Women’s voluntary military service is provided for in the Act on Voluntary Military Service for Women (194/1995), and voluntary national defence is regulated in the Act on Voluntary National Defence (556/2007). Chapter 2 – Authorities Section 4 –Ministry of Defence, Defence Command, service branch headquarters and military prov- ince headquarters The Ministry of Defence directs the implementation of military service. The Defence Command manages military service according to the principles provided by the Ministry and is in charge of developing the conscription system. The service branch headquarters plan, develop and administer military service matters in their respective branches, and the military province headquarters do the same in their respective geographical areas. Section 5 – Regional office and the call-up board The regional office plans and directs military defence in its area, organizes call-ups and manages matters associated with military service. The call-up board handles matters associated with military service during call-up. Section 6 – Brigade-level units and reservist training leader Military service matters involving those in active service are handled by the brigade- level unit or, in wartime, by the basic formation or other formation (brigade-level unit). In reservist training, these matters are handled by the reservist training leader. Section 7 – Appeal authority The appeal authority for military service matters is the Central Call-up Appeals Board. 3 Section 8 – General operational and decision-making authority The general operational and decision-making authority for military service matters is the regional office and, for persons performing military service as specified in this Act, the commander of the brigade-level unit or the reservist training leader, unless it is prescribed that operational and decision-making authority rests with the Defence Command, the service branch headquarters, the military province headquarters, the unit commander or detachment commander, or the call-up board. Decision-making in military command matters is provided for in the Act on the Fin- nish Defence Forces (551/2007), in addition to what is provided for in this Act. Chapter 3 – Call-up and assessment of fitness for military service Section 9 – Fitness for military service Fitness for military service means that the person liable for military service is able to complete his military service as laid down in this Act without endangering himself or posing a safety risk to others who are serving. Fitness for military service is decided based on information about the person liable for military service and his health and physical and mental abilities, as derived from: 1) the person liable for military service himself; 2) an examination by a health care professional; 3) suitability tests; and 4) testing by the authorities referred to in section 96. Only a person liable for military service who is deemed fit for military service may be assigned to perform military service. Section 10 – Exemption from service due to lack of fitness for military service In peacetime, a person liable for military service is exempted from service if he has a serious injury or illness that prohibits military service as a conscript, or if his state of health makes him unable to serve for such a long period that postponing training would not be expedient, or if he is considered a service safety risk. A person liable for military service deemed temporarily unfit for military service ei- ther will not be assigned to military service or will be exempted from his service li- ability for the time being and assigned a new fitness assessment at a later date. One or more such orders may be given, for a maximum of three years at a time. In addition, a person liable for military service will be exempted from his service li- ability in peacetime if he has been summoned to the call-up health care examinations referred to in subsection 2 and has not been determined fit for military service or ex- 4 empted from his service liability during peacetime by the end of the year that he turns 25 years of age. This exemption from military liability requires that the person in ques- tion has not neglected his obligation to participate in the call-up and/or examinations decreed in the subsection referred to above. Section 11 – Command authority for assessment of fitness for military service The Defence Command issues further regulations concerning the medical grounds for assessing fitness for military service. The Defence Command also issues regulations concerning what the requirements are for specific service assignments. Call-up Section 12 – The purpose of call-ups The call-up is for the purpose of assessing the fitness for military service of a person liable for military service and, based on this, deciding on the person’s assignment to military or unarmed service. The call-up also involves distributing information about national defence liability and promoting public health. Section 13 – Call-up candidates Call-up candidates include every male citizen of Finland who: 1) turns 18 years of age during the year of the call-up, 2) has not attended the previous call-up to which he was summoned, unless he has received a separate decision concerning his fitness for military service, and has not yet turned 30 years of age or will turn 30 during the call-up year, or 3) has been summoned back to call-ups pursuant to section 10(2). Call-up candidates do not include persons who have been granted Finnish citizenship or a decision about citizenship during or after the year they turn 18 years of age. These persons can, however, be summoned to an examination pursuant to section 26. Section 14 – Questionnaire regarding health and preliminary health examinations Call-up candidates are sent a questionnaire before the call-up to ascertain their state of health. A call-up candidate must answer the questions and provide his own appraisal of his state of health and submit any associated physician’s statements about his health. To assess fitness for military service, the call-up candidate is required to participate in the preliminary call-up health examination at his local health centre or other suitable examination location during the year of the call-up, unless the examination of the call- up candidate is determined to be manifestly unnecessary pursuant to a report received by the regional office from the call-up candidate pursuant to subsection 1 above or from another party pursuant to section 96, or due to the call-up candidate being resi- dent abroad, or for some other special reason. 5 Section 15 – Call-up time, listings and announcement Call-ups are held each year, beginning 15 August at the earliest and finishing 15 De- cember at the latest. Persons liable for military service are registered in a call-up listing according to the municipality where, as of 1 January of that year, they have their primary residence or are registered in the population register, pursuant to the Municipality of Residence Act (201/1994). The time and place of the call-up is stated in a call-up announcement, available on the website of the Defence Forces and the municipal announcement boards at least two weeks before the call-ups and during the call-ups. If necessary, the announcement may also be made available in other forms. Section 16 – Call-up participation obligation A call-up candidate must participate in the call-up specified in the call-up announce- ment in person, unless he has been exempted from call-up participation liability.
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